Reckless Driving Virginia Attorney

For a lot of our clients, a charge of Reckless Driving can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of Reckless Driving in Virginia.

If you have been charged with a criminal offense of Reckless Driving in Virginia and you are wondering what the penalty is in VA, contact our law firm for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

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Jennifer v. Commonwealth

Facts:

Defendant was charged with reckless driving under Va. Code Ann. § 46.2-852. She filed a motion in limine seeking to exclude any testimony concerning a preliminary breath test (PBT), or in the alternative, for an instruction with regard to the blood alcohol presumptions found in Va. Code Ann. § 18.2-269. The motion was denied by the Circuit Court of Fairfax, Virginia. Defendant appealed her reckless driving conviction.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

·         Va. Code Ann. § 46.2-852 provides that irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving. The word "recklessly" as used in the statute imparts a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property. The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.

·         Va. Code Ann. § 46.2-852 does not mention intoxication. Nor does the statute prohibit driving with a particular blood alcohol level. Evidence of intoxication is a factor that might bear upon proof of dangerous or reckless driving in a given case even though it does not, of itself, prove reckless driving. Therefore, in a reckless driving case, intoxication--not mere consumption of some alcohol--is relevant to establishing that the defendant drove her car so as to endanger the life, limb, or property of any person. § 46.2-852. In order to prove intoxication, proof of a defendant's blood alcohol level may be introduced along with other evidence concerning the significance of this blood alcohol level.

Reckless Driving Virginia Attorney

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